Bill Text: FL S1140 | 2019 | Regular Session | Comm Sub

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Bill Title: Attorney Fees and Costs

Spectrum: Slight Partisan Bill (? 3-1)

Status: (Introduced - Dead) 2019-04-30 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 829 (Ch. 2019-151) [S1140 Detail]

Download: Florida-2019-S1140-Comm_Sub.html

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       Florida Senate - 2019               CS for CS for CS for SB 1140
       
       
        
       By the Committees on Rules; Community Affairs; and Judiciary;
       and Senator Hutson
       
       
       
       
       595-04846-19                                          20191140c3
    1                        A bill to be entitled                      
    2         An act relating to attorney fees and costs; creating
    3         s. 57.112, F.S.; defining the term “attorney fees and
    4         costs”; providing for award of attorney fees and costs
    5         and damages in civil actions challenging local
    6         ordinances as being preempted by the State
    7         Constitution or state law; prohibiting an award of
    8         attorney fees and costs under certain circumstances;
    9         providing construction; providing applicability;
   10         providing retroactive application; providing an
   11         effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 57.112, Florida Statutes, is created to
   16  read:
   17         57.112 Attorney fees and costs and damages; preempted local
   18  actions.—
   19         (1) As used in this section, the term “attorney fees and
   20  costs” means the reasonable and necessary attorney fees and
   21  costs incurred for all preparations, motions, hearings, trials,
   22  and appeals in a proceeding.
   23         (2) If a civil action is filed against a local government
   24  to challenge the adoption or enforcement of a local ordinance on
   25  the grounds that it is expressly preempted by the State
   26  Constitution or by state law, the court shall assess and award
   27  reasonable attorney fees and costs and damages to the prevailing
   28  party.
   29         (3) Attorney fees and costs may not be awarded pursuant to
   30  this section if:
   31         (a) The governing body of a local governmental entity
   32  receives written notice that an ordinance that has been publicly
   33  noticed or adopted is expressly preempted by the State
   34  Constitution or state law; and
   35         (b) The governing body of the local governmental entity
   36  withdraws the ordinance from consideration or repeals the
   37  ordinance within 60 days after receiving such written notice.
   38         (4) The provisions in this section are supplemental to all
   39  other sanctions or remedies available under law or court rule.
   40         (5) This section does not apply to local ordinances adopted
   41  pursuant to part II of chapter 163, s. 553.73, or s. 633.202.
   42         Section 2. This act is intended to be remedial in nature
   43  and applies retroactively to all cases pending or commenced on
   44  or after July 1, 2019.
   45         Section 3. This act shall take effect July 1, 2019.